Social media giants face child safety law overhaul

Facebook, WhatsApp and other social media giants are likely to face revamped federal laws aimed at stamping out online bullying, revenge porn and child sexual abuse material after a review delivered to the federal Communications Minister found current legislation was "out of date" and "inconsistent".

A charter to be handed to social media giants and internet service providers, a draft of which will be circulated today, also calls for more local filtering of online content including a requirement that companies such as Facebook and Twitter have moderators who have an understanding of "Indigenous Australian culture and protocols".

Communications Minister Mitch Fifield commissioned former Australian Public Sector Commissioner Lynelle Briggs to review existing safety legislation in June last year after a spate of alarming online bullying incidents including one which ended with 14-year-old Amy "Dolly" Everett taking her own life.

Communications Minister Mitch Fifield.Credit:Alex Ellinghausen

Senator Fifield said the Morrison government would consider revising laws following recommendations in the Briggs review, and would immediately move to formalise a charter of social media companies.

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The most significant recommendation made by Ms Briggs is the introduction of a single piece of legislation to regulate social media companies, rather than relying on existing laws adapted for online use.

"The proposed new legislation will need to guarantee that the online industry goes beyond simple compliance with minimum safety standards and should establish a much higher new benchmark standard with which all industry must comply," the review, handed to the Communications Department in October, reads.

"These proposed changes will need to be supported by a tougher and more interventionist enforcement regime involving law enforcement and the eSafety Commissioner working in partnership to collect information and data, detect misconduct, report compliance, and penalise wrongdoing."

Former Australian Public Sector Commissioner Lynelle Briggs conducted a review existing safety legislation.Credit:AAP

However, that charter is not expected to be mandatory, although a draft seen by The Sydney Morning Herald and The Age reads that "it is intended to articulate a set of community-led minimum standards for industry to protect citizens, especially children and vulnerable members of the community, from harmful online experiences".

“It is important that we be clear with industry about what we expect from large technology firms that have such a significant influence in our economy and community,” Senator Fifield said. “The Australian community expects that standards of behaviour online should be the same as those that apply offline.”

The charter calls for more resources, including those with knowledge of Australian laws and "sufficient numbers of human moderators", to be made available to monitor and remove offensive and bullying content.

It would also require companies to produce detailed reports about how much local content had been red-flagged and ow quickly it had been removed.

Facebook, for instance, has repeatedly refused to say how many staff who moderate content on its platforms are based on Australia, reportedly leading to concerns from the NSW Police about a lack of resources.

The Office of the eSafety Commissioner most recently reported than 20 per cent of Australian children had been bullied online, and 10 per cent of adults had an intimate image shared without their consent.